The Legal Aid Agency has refused to state how many lawyers have offered to provide back-up advocacy during the criminal bar's protest as solicitors prepare to discuss the next stage of their response.

With hundreds of criminal barristers withdrawing a longstanding goodwill gesture to pick up cases ‘returned’ by a barrister unable to cover it due to a diary clash, the agency has set up a helpline for providers needing to secure alternative representation. It is widely seen as a bid to undermine the criminal bar’s action.

Providers with higher court advocates have also been invited to register their interest in Crown court work. Several practitioners publicly declined.

Criminal defence firm BSB Solicitors declared: ‘We will not be volunteering to be added to the list to assist with advocacy work in the absence of available instructed advocates during the Criminal Bar Association’s “no returns” action. We hope our colleagues will join us in this stance.’

Criminal defence solicitor Keima Payton tweeted: ‘No HCA at Payton’s will take on [Crown court] work that originally briefed counsel cannot undertake. The bar has our full support and respect!’

The LAA confirmed that the helpline is up and running but said the Gazette would need to submit a freedom of information request to find out how many higher court advocates had come forward.

With the criminal bar’s action entering a third week, practitioners will attend ‘legal aid consultation survival training’ on Monday. The event, organised by the London Criminal Courts Solicitors Association and Criminal Law Solicitors Association, will consider next steps.

LCCSA president Hesham Puri said: ‘To avoid longer delays, legal advice deserts and miscarriages of justice, we need an immediate injection of cash now, and a structured independent pay review – much like that for MPs. Time is running out for sensible solutions to ensure the future of a robust and fair defence and to maintain the reputation of our once world-renowned justice system.'

The first signs of the impact of the criminal bar’s action emerged this week, when an Old Bailey murder prosecution was reportedly put back until the end of this month because no defence barristers were available.

 

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